AI Overview...
- Property of Minor - Can it be sold?
- Generally, the property of a minor cannot be sold without court permission, as such sales are considered void ab initio unless under exceptional circumstances. Courts emphasize that minors' property is protected and can only be alienated in very specific, justified cases.
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Mohammedan Law states that the property of a minor can only be sold if the sale benefits the estate, and such sales require court approval to be valid. Without court sanction, the sale is invalid and can be set aside upon the minor attaining majority. A. Sarabanu VS A. M. A. Asmathullah (died) by his L. Rs. and others - Madras, Gulzar Singh VS Julphan - Punjab and Haryana
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Sale by Guardian or Karta - Legal requirements and limitations
- A natural guardian or karta of a Hindu joint family can sell the minor's property only with court permission. Unauthorized sale is considered invalid and can be challenged later. For example, sale of joint family property involving a minor's undivided interest requires proper legal sanction. M. Raju VS Deepa - Current Civil Cases, M. Harish VS Kum. Sindhu - Karnataka, Dhiraj Singh VS Sripal Singh - Current Civil Cases
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The sale of entire property, including minor's share, without necessity or court approval is wrongful and can be declared null and void. Such sales are not legally valid unless specific legal provisions are met. Hanmant VS Adiveppa - Karnataka, SAROJ VS SUNDER SINGH - Supreme Court
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Sale upon attainment of majority
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Once the minor attains majority, they can choose to set aside the sale if it was made without proper legal authority or court approval. The sale is considered void ab initio if not properly authorized. The minor or their legal heirs can initiate proceedings to set aside such sales. A. Sarabanu VS A. M. A. Asmathullah (died) by his L. Rs. and others - Madras, SAROJ VS SUNDER SINGH - Supreme Court
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Conclusion
- In summary, property of a minor can only be sold with court permission or under exceptional circumstances. Unauthorized sales by guardians or karta are generally invalid and can be challenged after the minor attains majority. Proper legal procedures, including court approval, are essential to validate such transactions.
References:
- A. Sarabanu VS A. M. A. Asmathullah (died) by his L. Rs. and others - Madras, Gulzar Singh VS Julphan - Punjab and Haryana, M. Raju VS Deepa - Current Civil Cases, M. Harish VS Kum. Sindhu - Karnataka, SAROJ VS SUNDER SINGH - Supreme Court, Dhiraj Singh VS Sripal Singh - Current Civil Cases, Hanmant VS Adiveppa - Karnataka
Search Results for "Can Property of Minor be Property Sold"
2001 0 Supreme(Mad) 518 • India - Madras
R.JAYASIMHA BABU, FAKKIR MOHAMED IBRAHIM KALIFULLA
Mohammedan Law-Suit by minor on attaining majority for setting aside sale of his property by the guardian-Held, property of minor ... can only be sold in very exceptional circumstances-Sale of property held void ab initio. ... and Wards Act, when sold away the minors property without obtaining Courts permission. ... ... (d) when the property....
• India - Bombay
entered Into sale agreement of suit property- Minor on attaining majority sold property to another purchaser on higher price-- Subsequent ... It also cannot be overlooked that the property has been sold by registered conveyance in favour of Narendra Bhatia who, in accordance ... sq. ft. of alternative accommodation free of cost to the owners plus proper arrangements with the erstwhile te....
2014 0 Supreme(Kar) 988 • India - Karnataka
A.V.CHANDRASHEKARA
wrongly sold entire property including share of minor without legal necessity - Held, He was competent to alienate only his undivided ... property - His son was already born when partition took place - Minor son was entitled to share in coparcenary property - Vendor ... without necessity -In fact father sold away entire property unauthorisedly for meag....
2013 8 Supreme 404 • India - Supreme Court
SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
as a minor and minor's property cannot be sold without court's permission. ... the suit property (ancestral property) after death of her husband. ... the suit property without permission of court in terms of section 8(3), HAMA Act. ... could not have sold the suit property to the first respondent. ... Thereafter, their mother i.e. second respondent, of....
• India - Current Civil Cases
G.K.ILANTHIRAIYAN
sold/disposed of by Karta involving an undivided interest of minor in joint Hindu family property – When property is sold in order ... of family in management of joint Hindu family property – Section 8 would not be applicable where a joint Hindu family property is ... in joint family property – Joint Hindu family by itself is a legal entity capable of ....
2011 0 Supreme(Kar) 455 • India - Karnataka
H.G.RAMESH
Ramesh, J] Joint Hindu family property in which minor had an undivided share - Property was sold by Karta in order to repay loan ... For the welfare of the minor children, the 1st defendant has sold the suit property in favour of the 2nd defendant. ... The suit property, which came to the share of the 1st defendant, was sold by him in....
2006 0 Supreme(Mad) 1867 • India - Madras
M.THANIKACHALAM
became absolute owner of the property - Minors property was sold by natural guardian, without obtaining Courts permission - As a ... Act (36 of 1963), Article 113 - Tamil Nadu Court Fees and Suits Valuation Act (14 of 1955), Section 40 - Under settlement deed, minor ... natural guardian, he is competent to sell - Suit filed after three years from date of minor attaining majority, is barred by limitation .....
2004 0 Supreme(SC) 1200 • India - Supreme Court
ASHOK BHAN, S.H.KAPADIA
AND HIS PROPERTY COULD NOT BE SOLD WITHOUT TAKING SANCTION FROM THE COURT UNDER SECTION 8 OF THE HINDU MINORITY AND GUARDIANSHIP ... WAS NOT ANCESTRAL JOINT FAMILY PROPERTY OF THE PLAINTIFF?" ... THE TRIAL COURT HELD THAT THE SUIT PROPERTY WAS NOT ANCESTRAL.
• India - Current Civil Cases
ARUN TANDON
of minor cannot be sold without leave of Court—Transfer of property of appellant and sale deed was made without consent of Court ... such, respondent cannot contend that property belonged to father of appellant and sale deed in name of his son was Benami—Property ... when sale deed in question was executed by his father—Recitals in sale deed specifically mentioned that property belonged ....
2009 0 Supreme(P&H) 923 • India - Punjab and Haryana
K.SHARMA
Mulla’s Principle of Mohammedan Law--Property of Minor--The property of a minor Mohammedan can be sold only if the sale is for the ... It cannot be disputed that the property of a minor Mohammedan can be sold only if the sale is for the benefit of the estate and it ... Mohammad Sardar and others (supra), the property of minor’s was #H....
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